Author Archives: Robert Sunshine
What are the Grounds for Granting Sole Custody in New York State?
The State of New York takes a vested interest in the welfare of its children. While raising your children according to your own beliefs is a fundamental right granted to all parents in the United States, it can be taken away under the right circumstances. Ultimately, New York State uses a “best interests of… Read More »
What are the Different Types of Alimony in New York State?
Alimony, known as spousal support or maintenance in New York State, is a type of payment that one spouse makes to the other either throughout the divorce proceedings or after the divorce has been finalized. Alimony payments that are made while the divorce is pending are called spousal support. Alimony payments made after the… Read More »
Grounds for Divorce in New York State
Divorces have “grounds” or reasons why the marriage is no longer sustainable. In New York, we have both fault-based and no-fault grounds for divorce. This means that you can either blame your spouse for the breakdown of the marriage, or you can simply state that your marriage has irretrievably broken down, a no-fault ground… Read More »
What are the Different Types of Child Custody in New York State?
The legal definition of child custody is much more complex than you may imagine. There are different types of custody. When we think of custody, we generally think of residential custody or with which parent the child lives. However, a parent who does not spend the majority of time with their children can still… Read More »
Who Gets to Keep the Dog? Deciding Pet Custody in New York State
Many people have emotional bonds with their pets and consider their pets part of the family. What happens when these individuals divorce? Is there some standard for determining who gets the pet in the case of divorce? In New York State, we do have such a provision. If your pet were your child, the… Read More »
Will Having a Mental Health Diagnosis Affect My Child Custody Arrangement?
If you’re in a particularly contentious custody battle, it’s possible that the other party could raise the matter of your mental health against you during the proceedings. As a society, we have made great strides in addressing the stigma of mental health. This has resulted in more people getting the help they need, fewer… Read More »
No Signature Divorces in New York State
You no longer need the consent of both parties to pursue a divorce in New York State. In most cases, the individual filing for divorce must formally serve the other spouse with the divorce papers. For the divorce to continue, the other spouse must respond to the summons. However, in New York, if the… Read More »
What is a Conversion Divorce in New York State?
A conversion divorce is a divorce that proceeds from a legal separation. In other words, the couple has been legally separated for some amount of time, and then they finally decide to get a divorce. Once this happens, the separation is “converted” into a formal divorce that proceeds as it would in any other… Read More »
Allegations of Adultery in a New York Divorce
All divorces have grounds or reasons why the divorce is occurring. Some states only allow for no-fault grounds, while other states allow you to “blame” your spouse for the breakdown of the marriage. In New York, we have both no-fault and fault-based grounds for ending a marriage. One of the potential fault-based grounds is… Read More »
Am I Responsible for My Partner’s Student Loans During Divorce?
One question that we (as divorce attorneys) are frequently asked is whether or not one spouse is responsible for the other spouse’s student loans if they divorce. The answer to this question is: “it depends.” To answer this question, you need to know a little bit about New York’s equitable distribution laws. Understanding how… Read More »